VASUDEV RAO GETHA AND OTHERS Vs. PREMENDRA NATH SINGH AND ANOTHER
LAWS(ALL)-2012-1-419
HIGH COURT OF ALLAHABAD
Decided on January 11,2012

Vasudev Rao Getha And Others Appellant
VERSUS
Premendra Nath Singh And Another Respondents

JUDGEMENT

Prakash Krishna, J. - (1.) THESE three revisions were heard together and are being disposed of by a common judgment as jointly agreed by the learned counsel for the parties.
(2.) THESE revisions arise out of a common order passed in three suits instituted by the opposite party no. 1 herein against the present applicants who are defendants for specific performance of contract to sell. There were three agreements between the parties, therefore, three suits were instituted. It is not in dispute that the agreements in question are oral. The matter had come to this Court earlier in revision nos. 22, 23 and 24 of 2009 which were decided by a common judgment dated 13th of February, 2009 holding that the suits are not liable to be dismissed under Order 7 Rule 11 C.P.C as the plaintiffs if so advised may claim return of the earnest money as provided for by section 22 of the Specific Relief Act, which empowers the Court, that even if a specific prayer is not there for refund, the plaint can be got amended and relief can be accorded accordingly.
(3.) THEREAFTER , the plaintiffs filed applications for amendment of the plaints, which have been allowed by the orders under revisions.;


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